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BURGESS v. STATE

No. 95-2427.

660 So.2d 415 (1995)

Eddie BURGESS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 20, 1995.

Attorney(s) appearing for the Case

Eddie Burgess, Raiford, pro se appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joan Fowler, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Because of the recent decision in State v. Callaway, 658 So.2d 983 (Fla. 1995), which was published after the trial court's denial of defendant's untimely rule 3.850 motion, the state concedes that defendant is now entitled to have the motion granted so that he can be resentenced in accordance with Hale v. State, 630 So.2d 521 (Fla. 1993), cert. denied, ___ U.S...

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